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LATEST NEWS UPDATES | PJ Thomas to vacate the post of CVC

PJ Thomas to vacate the post of CVC

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published Published on Dec 1, 2010   modified Modified on Dec 1, 2010

Central Vigilance Commissioner PJ Thomas will send in his resignation to the President on Wednesday. With the Supreme Court and the Opposition piling up pressure on the Centre for the removal of the ‘tainted’ CVC, the government leadership has advised Thomas to vacate the post.

Thomas continuance became untenable on Tuesday after the Supreme Court questioned his suitability to supervise CBI’s investigations into the 2G spectrum scandal. “He had justified the action (of the telecom department) which is being subject to scrutiny by this court and CBI. It would be difficult for him to objectively supervise (the case),” an apex court bench comprising Justices GS Singhvi and Ashok Kumar Ganguly said.

What may also be weighing on the government’s mind is the court’s response to the contents of Opposition leader Sushma Swaraj’s dissent note on the appointment of Thomas. Swaraj was virtually presented with a one-man panel as she sat down with the prime minister and the home minister for considering three names shortlisted for CVC’s post.

Swaraj had, as part of the three-member selection committee, insisted that the government pick CVC from among Bijoy Chatterjee and S Krishnan, the other two names on the shortlist, while ignoring Thomas. But she was told that neither of the two names could be considered and a consensus was possible only on Thomas. This prompted Swaraj to put in the dissent note.

There is fear in government that the apex court could object to the lack of consensus on Thomas’ appointment. The government will face serious embarrassment were the court to pass strictures against it. This will have direct bearing on the prime minister as he heads the selection panel.

Senior counsel KK Venugopal, appearing on behalf of CBI, cited the Central Vigilance Act, and submitted that there was a provision for allowing one of the Vigilance Commissioner to take over the functions of the CVC. This is whenever a contingency arises wherein it becomes difficult for the incumbent (CVC) to function for some reason or the other.

Advocate Prashant Bhushan appearing for the Centre for PIL argued that he had no objection to such a proposal as one of the Vigilance Commissioner, R Shreekumar, a former DGP from Karnataka “enjoys a good reputation”.

But he insisted that apart from the Vigilance Commissioner monitoring the case, the court should appoint another officer with unimpeachable integrity to ensure a fair supervision of the investigation.

Such objections casting aspersions on the desirability of Thomas supervising CBI’s probe into the 2G spectrum came after another bench of the apex court headed by Chief Justice SH Kapadia had raised questions on his appointment as CVC as he was chargesheeted in Kerala’s Rs 2.8 crore palmolein import case.

“Without looking into the file, we are concerned that if a person is an accused in a criminal case how will he function as CVC,” the three-judge bench headed by Justice Kapadia had said. Attorney General Goolam E Vahanvati on behalf of the Centre had furnished the files of documents pertaining to the appointment of Thomas as CVC in a sealed cover as per the order of the court.

The court also sought government’s response on the plea seeking preservation of the tapes relating to corporate lobbyist Niira Radia. Bhushan urged the court to direct CBI to place in a sealed cover the original copies of tapes and questioned the opposition against their disclosure by Tata group chairman Ratan Tata.

He had on Monday moved the apex court seeking its direction to government to stop further leak of his tele-conversations with Radia. During the course of hearing, the government agreed for SC to monitor the 2G case. Earlier, however, both the agency and the government had objected for such a plea made by petitioner advocate Bhushan.


The Economic Times, 1 December, 2010, http://economictimes.indiatimes.com/news/politics/nation/PJ-Thomas-to-vacate-the-post-of-CVC/articleshow/7018706.cms


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